Allen Gilbert of the Vermont American Civil Liberties Union wants data obtained by automatic license plate readers, modern traffic cameras used by police since 2008, to be destroyed after one month.
“We think 30 days is a reasonable period of time,” Gilbert said outside a Statehouse committee hearing on Wednesday. A 30-day period allows police enough time to retain evidence for traffic charges, Gilbert said. “Otherwise, unless the person is a suspect for a crime, we see no reason why this data should be maintained.”
Keith Flynn, the state’s public safety commissioner, wants to hold onto the data for around two years.
Lawmakers heard the two contrasting views in light of new legislation proposed by Sen. Tim Ashe, D-Chittenden, that seeks to regulate the devices for the first time and proposes a three month data retention period.
“What we’re looking for is something in the vicinity of two years, because we believe that would allow it to be utilized for legitimate law enforcement purposes,” said Flynn, after the same hearing. “Many times, 180 days wouldn’t be enough.”
Flynn cited variations among states, which may keep the sensitive information for 30 days, three months, five years or indefinitely.
Although he said keeping the data for five years or more wouldn’t be appropriate for Vermont, Flynn added: “I think certainly, with two years, there would be a utility to the information, if it should be needed.”
Currently, under an internal policy developed by the Department of Public Safety, the imaging data is kept for four years. Information from the automated license plate readers is matched with both a local and national “hotlist,” which contains data on expired registrations, suspended drivers and vehicles associated with wanted felons, or otherwise tracked by the National Crime Information Center (NCIC).
Although lawmakers like Ashe, who co-sponsored the Senate legislation, worry that the data could be used to track the whereabouts of individuals needlessly, Lt. Michael Macarilla of the Vermont State Police assured the committee that isn’t the case.
State police don’t have the technology to match the license plate images with a license plate name ID database at the Department of Motor Vehicles, Macarilla said.
A concern for Gilbert, however, is that even if the data isn’t now used for surveillance, the system has powerful built-in potential to be turned to those purposes, if it isn’t regulated.
“The problem is that this system can be used basically as a surveillance system that can track people’s whereabouts in the state, whenever they use their car,” said Gilbert to lawmakers. “I’m not suggesting that is what it’s being used for now; I’m not suggesting that’s a purpose in the future.”
According to documents submitted to lawmakers, there are at least 46 license plate readers in use statewide, with 31 police agencies using the tools, which can be attached to police cruisers or mounted on bridges or traffic lights. They generally cost about $20,000 and are funded chiefly through federal grants and the Governor’s Highway Safety Program.
The photos of the license plates are submitted to the Vermont Information and Analysis Center in Williston, formerly known as the Vermont Fusion Center. Most local police departments have one license plate reader, while the state police have six. Each reader can scan hundreds of license plates each minute.
The Senate legislation calls for the readers to be used only for “legitimate law enforcement purposes,” with data kept for 180 days, with an option for court-approved 90-day extensions. Under the bill, the data would remain exempt from public inspection.
Flynn clarified that “legitimate law enforcement purposes” generally means that the data can only be used in connection with the investigation of a crime or a suspected crime. He said the license plate images would only figure as the starting point of an investigation, rather than a form of “silver bullet” proof.
Other states vary on their policies, according to those who testified before lawmakers. Flynn said that in New York City, license plate data is kept indefinitely, while in New Jersey it’s kept for five years. Ashe told lawmakers that New Hampshire bans law enforcement from using the readers, and that in Maine the data is stored for 21 days, unless there’s an active investigation.
Read an October 2012 report by the International Chiefs of Police Association, which surveys states and countries on their automated license plate recognition policies.
